Minority issues in Latvia, No. 77
December 1, 2003
Content
- UN HRC adopts Concluding Observations on Latvia
- Withdrawal of the pro-minority observer in EP: the follow-up
- European Commission publishes monitoring report: minority issues reflected
- Chairperson of the PACE Monitoring Committee visits Latvia: no human rights violations declared
- The EU as an incentive for naturalization?
- Secretary-General of NATO PA comments on the Russian-language press in Latvia
- Minister on vandalism at Russian cemetery: "We should protect alive people, not dead"
- Social Integration Foundation funds the Latvian-language courses
- One year of the Minister for Social Integration
- The debates on non-citizens enflame after the referendum on the EU
UN HRC adopts Concluding Observations on Latvia
The UN Human Rights Committee (HRC) at its 79th session adopted
Concluding Observations on Latvia in respect of implementation of the
International Covenant on Civil and Political Rights. HRC considered the
second periodic report of the Republic of Latvia on October 28 and 29,
and adopted the Concluding Observations on November 5.
In respect of minority issues, the Committee welcomed amendments to the
election law, removing the language requirement to stand for election
and the creation of the National Programme �Society Integration in
Latvia� and the Society Integration Foundation. While noting the measures
taken by Latvia to make the naturalization process more accessible and
increase the rate of naturalization of non-citizens, the Committee is
concerned about the limited results of these policies, with many candidates
not even initiating the procedure. The Committee took note of the different
reasons underlying this phenomenon, but considered that it has adverse
consequences in terms of enjoyment of Covenant rights, and that Latvia has
a positive duty to ensure and protect those rights.
Furthermore, the Committee is concerned at the possible obstacles posed
by the requirement to pass a language examination. In this respect, the
Committee recommended to strengthen further the State�s efforts to
effectively address the lack of applications for naturalization as well
as possible obstacles posed by the requirement to pass a language
examination. The Committee is concerned at the low level of registration
as citizens of children born in Latvia after 21 August 1991, by
non-citizen parents. It recommended to take all necessary measures to
further encourage registration of children as citizens.
With regard to the status of non-citizens, the Committee noted the
policy of the Government to further social integration through
naturalization. However, the Committee is concerned about the large
proportion of non-citizens in Latvia, who by law are treated neither as
foreigners nor as stateless persons but as distinct category of persons
with long-lasting and effective ties to Latvia, in many respects
comparable to citizens but in other respects without the rights that
come with full citizenship. The Committee expressed its concern over the
perpetuation of a situation of exclusion, resulting in lack of effective
enjoyment of many rights by the non-citizen segment of the population,
including political rights, the possibility to occupy certain state and
public positions, the possibility to exercise certain professions in the
private sector, restrictions in the area of ownership of agricultural
land, as well as social benefits. In the Committee�s view, Latvia should
prevent the perpetuation of a situation where a considerable part of the
population is classified as "non-citizens". In the interim, Latvia
should facilitate the integration process by enabling non-citizens who
are long-term residents of Latvia to participate in local elections and
to limit the number of other restrictions on non-citizens.
The Committee is concerned about the impact of the state language policy
on the full enjoyment of rights stipulated in the Covenant. Areas of
concern include the possible negative impact of the requirement to
communicate in Latvian except under limited conditions, on access of
non-Latvian speakers to public institutions and communication with
public authorities. It recommended to take all necessary measures to
prevent negative effects of this policy on the rights of individuals
under the Covenant, and, if required, adopt measures such as the further
development of translation services.
While noting the explanation provided by the government for the adoption
of the Education Law of 1998, particularly the gradual transition to
Latvian as the language of instruction, the Committee remains concerned
about the impact of the current time limit on the move to Latvian as the
language of instruction, in particular in secondary schools, on Russian
speakers and other minorities. Furthermore, the Committee is concerned
about the distinction made in providing state support to private schools
based on the language of instruction. Latvia should take all necessary
measures to prevent negative effects on minorities of the transition to
Latvian as the language of instruction. It should also ensure that if
state subsidies are provided to private schools, they are provided in a
non-discriminatory manner.
The Committee is concerned about the social and economic situation of
the Roma minority and its impact on the full enjoyment of their rights
under the Covenant, as well as the potentially negative effect on them
of the present regulations regarding the entry of ethnic origin in
passports and identity documents. It recommended to take steps to remove
obstacles to the practical enjoyment by the Roma of their rights under
the Covenant, and, in particular, abolish the provisions allowing for
entry of ethnic origin in passports and identity documents.
Besides, Latvia was asked to forward information within 12 months on the
implementation of the Committee's recommendations regarding
naturalisation, the status of non-citizens, state language policy and
the education law, although other information should be included in the
third periodic report, to be presented by 1 November 2008.
The Latvian Human Rights Committee (F.I.D.H) participated actively in
the process of considering the state report. Tatyana Zhdanok and
Miroslav Mitrofanov held a briefing for members of UN HRC in Geneva
during the session, where also distributed additional materials ("Vesti
Segodnya" ("The News Today"), November 3). We are satisfied with the
opportunity to provide additional information about the situation in Latvia
and the way it has been reflected in the Concluding Observations.
Moreover, the issue of statelessness in Latvia was also touched upon by
the UN Committee against Torture, which considered the initial report by
Latvia under the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment during its 31st session. The Committee
cited among matters of concern the number of persons who lost their legal
status as citizens or "non-citizens" and became "illegal" after having
temporarily left the country. It recommended that Latvia continue to
facilitate the integration and naturalisation of "non-citizens". Lawyer of
the Latvian Human Rights Committee Zhanna Karelina presented the NGO's
opinion to the Committee. It should be noted that the Latvian-language
newspaper "Lauku Avize" ("The Rural Newspaper") was very concerned about
the activities of the Latvian Human Rights Committee and even suggested to
create an organisation, "which would protect human rights in Latvia under
other principles", in order to "limit international activities of Tatyana
Zhdanok and her fellows" (October 30).
Our commentary
If we compare new recommendations of the UN treaty bodies, we can see
that they are very similar with ones provided by UN CERD in August (see
Minority issues in Latvia, No. 72). It means that the UN attitude towards
the respect of minority rights in Latvia is very critical, and the government
will have to do a lot of homework in order to prevent such criticism in future.
Moreover, the request to provide information for UN HRC within 12 months means
that the developments in Latvia will be monitored closely, and the government
will hardly have an opportunity to avoid implementation of the recommendations.
Withdrawal of the pro-minority observer in EP: the follow-up
As we mentioned in the previous issue of our newsletter (see Minority issues in
Latvia, No. 76), Latvian observer in the European Parliament Martiyans Bekasovs
(GUE/UEL group) is expelled from the observer delegation for speaking out on the
situation of minorities in Latvia. The explanatory letter on the decision of the
Parliament, signed by MP Juris Dobelis (ruling nationalistic party "For Fatherland
and Freedom"/LNNK), followed soon ("Vesti Segodnya" ("The News Today"),
November 10). It was distributed to all the members of the European Parliament.
In this letter, Mr Dobelis points out that it was necessary to recall Mr Bekasovs
for several reasons: "Firstly, Bekasovs' statement contained false facts and
deliberately misrepresented the situation. For example, his statement said that
Latvia's non-citizens were required to have a certain command of the state language
to be employed. In his statement he also said that non-citizens could not learn the
language because it cost them too much. In reality non-citizens are employed in the
same way as citizens, and only some restrictions similar to those that we find
everywhere else in Europe are applied. Secondly, this statement is a slanderous
attack on Latvia - the state that its author represents in the European Parliament.
It is unacceptable that a member of a national parliament acts against the interests
of the state he represents". Mr Dobelis concludes his letter with the statement,
that "In addition, it should be mentioned that 4 MPs of the Latvian Socialist Party
voted against the ratification of the Treaty of Accession to the European Union. That
fully shows their destructive attitude towards the future interests of the state"
(see the full text of the letter at Latvian public politics portal politika.lv).
Yet, as mass media point out, the dismissal of Mr Bekasovs is against the EP rules
on participation of observers, as an observer loses its status only in three cases:
his death, expiration of his power or voluntary retirement (see EP handbook for the
observers). The newspaper "Chas" ("The Hour") stated, that European left-wing
parties were worried about the decision to recall Bekasov from the European Parliament
and offered him to stay in Brussels to continue his work (November 6).
Comments of some MEPs were quoted in the Latvian press (see the newspaper "Diena"
("The Day"), November 17, and "Telegraf" ("The Telegraph", November 14). For example,
Per Gahrton (Verts/ALE) pointed out, that the arguments Mr Dobelis gave are
"absolutely not acceptable. Should persons who have opposed the membership of
Latvia in the EU not be allowed to be MEPs of Latvia? If that were the common
principle of the EU quite a number of present MEPs would have to leave the EP!
And should also those who oppose their "state" be disqualified? Sorry to say it
bluntly but if these are the main motives for the majority of the Latvian
Parliament to exclude a person from being observer in the EP the Saeima has
quite a lot to learn about democracy". "It seems to me that there is a prima
facie case that Latvia has disqualified itself from membership of the EU by
adopting an anti-democratic, anti-free-speech position", commented Roger Helmer
(PPE-DE). "The essence of democracy is the right to express minority opinions.
The actions of the Latvian parliament are a disgrace and will reflect poorly on
Latvia. I have never met or spoken to Mr Bekasovs and from what I know of them,
as a member of the European Movement, I certainly do not support his views. I do
however support his right to hold them...", Richard Balfe (PPE-DE) stated. Lennart
Sacredeus (PPE-DE) proposed to different groups of the EP to bring up this issue
as urgency for the EP session.
After the issue of Mr Bekasovs was discussed in the EP President's office, a letter
was sent to the chair of the Saeima (Parliament) of Latvia. EP expresses concern
that withdrawal of Mr Bekasovs could violate the principle of the freedom of
expression (the newspaper "Diena" ("The Day"), November 20). However, columnist of
the Latvian-language newspaper "Lauku Avize" ("The Rural Newspaper") states on
November 20 that the main mistake of the Parliament was to elect Bekasovs an observer
at all. He also reminds that the draft Law on the Elections to the European Parliament
does not contain political restrictions for the candidates (see Minority issues in
Latvia, No. 76), which could be an obstacle for promoting official position of the
government.
Some days later several parliamentary factions (ruling New Era party and "For
Fatherland and Freedom"/LNNK, as well as oppositional People's Party) declared their
intention to introduce lustration restrictions. Electoral legislation of Latvia provides
that persons who were active in the Communist Party, Komsomol, Interfront, and some
veteran organizations after January 13, 1991, cannot run for both parliamentary and
municipal elections (although these organizations were legislatively banned only in
August 1991 - see corresponding provisions of the Saeima Election Law). The same
principle applies to former KGB agents. As chair of the Parliamentary Committee on
Legal Affairs Solvita Aboltina (New Era party) pointed out, "We are not afraid that
such persons could threaten the independence of the EU. But we have the right to
decide, whom we trust to represent the state and the state's common position in the
EU� ("Lauku Avize" ("The Rural Newspaper"), November 20). "The state is to be
represented by persons, who express official policy of the state", she also said
(news agency LETA, November 21).
European Commission publishes monitoring report: minority issues reflected
The European Commission has published the Comprehensive monitoring report on
Latvia's preparations for membership). In fact, it was the last Commission's
monitoring report before Latvia joins the EU (May 1, 2004). Unlike in previous
years, the Commission almost does not focus on political criteria for membership.
In the meantime, some issues concerning minorities are touched upon in the part
devoted to implementation of acquis.
In the field of social policy and employment it is mentioned that particular
attention should be given to integrating ethnic minorities. Latvia has
incorporated some anti-discrimination provisions in its new Labour Law.
However, important shortcomings subsists with regard to the full transposition
of the acquis. Moreover, the Equality Body required by the acquis needs to be
established. In this context, Latvia is strongly encouraged to promote
integration of the Russian minority by, in particular, continuing to accelerate
the speed of naturalisation procedures, and by taking other proactive measures
to increase the rate of naturalisation.
It is also expected to ensure sufficient flexibility regarding transition to
bilingual education in minority schools, and to ensure that at all levels the
implementation of the language law respects the principle of justified public
interest and proportionality, as well as Latvia's international obligations.
Our commentary
We regret that respect towards ethnic minorities as an essential element of
political criteria for the EU membership is not reflected in the report at all,
especially taking into account recent developments concerning minority education
reform etc. However, the European Parliament will possibly touch upon the issue,
when preparing a report on human rights in accession countries. EP rapporteur
Elisabeth Schroedter will visit Latvia on December 1-2. On the other hand, one
should note that some topical minority issues (naturalisation, education reform,
language legislation) are mentioned in the chapter devoted to implementation of
acquis. It could mean that the European Union will perceive the problems of
ethnic minorities in Latvia as the problem of non-discrimination (where the EU
could act under Article 13 of the Treaty establishing the European Community),
and not as the specifiic problem of protection of minorities (where the EU
establishes rules as political criteria for accession countries, but not legal
standards for member states).
Chairperson of the PACE Monitoring Committee visits Latvia: no human rights
violations declared
Chairperson of the PACE Committee on the Honouring of obligations and
commitments by member states of the Council of Europe (Monitoring Committee)
Mme Josette Durrieu (France) has visited Latvia for the second time. She met
the President Vaira Vike-Freiberga, Prime Minister Einars Repse, ministers
and other state officials, as well as representatives of human rights NGOs and
Russian-speaking community within the framework of so called "post-monitoring"
procedure. The monitoring procedure in respect of Latvia was closed on January 23,
2001; in June 2002, some members of PACE suggested reopening the monitoring
procedure (see details in Minority issues in Latvia, No. 62).
During the press conference after the visit Mme Durrieu mentioned that she was
mainly interested in three topics: education for minorities, naturalisation and
ratification of the Framework Convention for the Protection of National Minorities.
As regards education, she believes that compromise is achieved, as the Education
Law is amended, and state-supported secondary education will not be switched to
Latvian as the sole language of instruction, but up to 40% will be taught in
minority languages. She recommended to facilitate naturalisation procedures, as
well as to grant the citizenship of Latvia without additional procedures to newborn
children, even if their parents are not citizens of Latvia. The Prime Minister
informed Mme Durrieu, that the Parliament is going to create a sub-commission to
discuss the issue of ratification of the Framework Convention. As Mme Durrieu
concluded, there are no minority problems in Latvia, which could be qualified as
human rights violations (the newspaper "Latvijas Vestnesis" ("The Latvian Herald"),
November 21).
Our commentary
In our opinion, any violation of minority rights is a human rights violation, as
minority rights are an integral part of fundamental human rights. We assume that
opinion by Mme Durrieu could be influenced by the position of her country, where
ethnic minorities are not recognised as such. In any case, we cannot agree that
there is a compromise concerning state-supported education in minority languages.
In fact, one right-wing coalition accepted a wrong decision in 1998, but another
one slightly softened it in 2003. Opinion of minorities did not influence the
process at all, and recent protest activities, described in previous issues of
our newsletter, prove it.
The EU as an incentive for naturalisation?
The naturalisation figures in comparison to the last year have grown in some
branches of the Naturalisation Board up to 200 per cent. This trend is especially
visible after the referendum on the EU membership. As the daily "Telegraf" argues,
this is the result of the free Latvian-language courses as well as lowered
naturalization fee ("Telegraf" ("The Telegraph"), November 3).
Journalist Aleksander Shabanov in his article expressed opinion that many
non-citizens have chosen to undergo the naturalization process because they realize
now, that Latvia will not become part of Russia anymore. Mr Shabanov states, that
these candidates for citizenship are skeptical towards the government of Latvia and
hope that Brussels will exercise its control in Latvia. Some others are simply afraid
that when immigrants' flow will reach Latvia non-citizens will be treated like
those newcomers.
The UN has decided to grant this and next year USD 380,000 for the organisation of
the Latvian language courses free of charge for naturalization applicants. This should
give the possibility to 5000 people to improve their knowledge of Latvian within these
two years. Between 2000 and 2002 such free courses of Latvian have been attended by
3400 people. The year 2003 is the only year when the government has co-financed such
courses. Granted LVL 50,000 (approx. EUR 75,800) were used to educate 1500 people.
There is no further funding for this purpose anticipated in the budget of 2004 ("Lauku
Avize" ("The Rural Newspaper"), November 6).
The President of Latvia Vaira Vike-Freiberga also mentioned the issue of naturalisation
in her speech on the Independence Day (November 18). She said, "We cannot look at, and
we shall not let that the people could be divided because of their ancestors, their
origin, their ethnicity, colour of their skin of belief... Everyone, who wishes so and
is ready for that, has an opportunity to become the citizen of the state. I call on
everyone, who is born here or has chosen this land as a domicile, to make this choice."
("Latvijas Vestnesis" ("The Latvian Herald"), November 19).
Secretary-General of NATO PA comments on the Russian-language press in Latvia
Secretary-General of the NATO Parliamentary Assembly Simon Lunn has sent a letter to
Head of the Latvian delegation to NATO PA and MP Guntis Berzins in which he expresses
his disappointment with the low quality of the Russian-language press in Latvia ("Lauku
Avize" ("The Rural Newspaper"), November 6). Mr Lunn emphasises, that some statements
of the members of the NATO PA delegation visiting Latvia in the end of September (see
Minority issues in Latvia, No. 74) were quoted only partly or ripped out of context and thus
falsified by the journalists from the Russian-language newspapers. Some comments were
even invented. For instance, Mr Lunn points out that he never said that the delegation
met only those people, who were thoroughly chosen by the criterion of the loyalty to the
government, or that the delegation "did not hear the people of Latvia", as it was
reflected by the Russian-language press. He stressed that the impression the delegation
got was: "The politics of the government towards the Russian-speaking minority in Latvia
has made visible progress and is matching European standards. The main part of this
problem lies within the unwillingness of the Russian-speaking population to accept the
necessity to become a part of Latvia's society".
Our commentary
We understand the premise of such interpretation of the situation in Latvia. However,
we are of the opinion, that the criteria used by NATO PA delegation might differ somewhat
from our own - the more so that the representatives of the NATO PA have never bothered
to explain what particular "European standards" they mean (should these be, for example,
related to the norms of the Framework Convention for the Protection of National
Minorities?). The absence of an armed ethnic conflict in Latvia does not exclude the
existence of problems in this field. The representatives of organisations, which work
primarily in the field of human rights, have time and again expressed their opinion on
this issue. For example, the view of UN, CoE, EP or OSCE observers differs considerably
from the one of the NATO PA delegation.
Minister on vandalism at Russian cemetery: "We should protect alive people, not dead"
As the Russian-language newspaper "Vesti Segodnya" reported, vandals destroyed numerous
graves at the Russian Orthodox Pokrov Cemetery. These where the graves of the nuns who
hided children from nazi, thus saving them from concentration camps during the World War
II, and also many other graves ("Vesti Segodnya" ("The News Today"), November 5). Acts of
vandalism have been taking place at this cemetery for many years. The newspaper points
out that recent acts of vandalism took place on the Halloween. Before that several acts
of vandalism took place also at the Jewish cemetery (see Minority issues in Latvia, No. 74).
As "Vesti Segodnya" emphasises, Latvian politicians were compassionated about the acts
of vandalism at the Jewish cemetery, but they didn't say a word and did nothing about
the Pokrov Cemetry. The Russian-language newspaper "Chas" ("The Hour") has published
the statement of the Minister for Interior Maris Gulbis, who told that he had no possibility
to protect this cemetery and that "we should protect alive people, not dead" ("Chas", November 6).
"Vesti Segodnya" called on people to give a helping hand in cleaning up the cemetery and
"the graves of their forefathers". It also stated, that people would do this, but "they
would never forget such attitude to them".
Social Integration Foundation funds the Latvian-language courses
The Social Integration Foundation (SIF) in Latvia will give the opportunity to attend
the Latvian-language courses free of charge or for symbolic fee. LVL 185,200 (approx.
EUR 280,000) have been allocated for this purpose. As the Russian-language daily
"Telegraf" ("The Telegraph") notes, many organisations were interested in these courses.
Nils Sakss, Head of the SIF secretariat, announced that people whose income is lower
than LVL 100 will attend the courses for free. Others will pay partly, but those whose
income is higher than LVL 600 will pay the whole fee ("Telegraf", October 31). The
representative of the SIF points out that if the courses are successful, than there
will be money given for minority integration projects. It is possible that in future
the funds of the European Union will be used to support the Latvian-language courses.
The newspaper "Diena" ("The Day") mentions that everyone will be able to attend these
courses, not only applicants for naturalization, as it used to be (October 31). The
official newspaper "Latvijas Vestnesis" ("The Latvian Herald") announced that the SIF
will also support 18 projects, which aim is to provide society with information about
changes in minority education scheduled for 2004 (October 31). Support will be provided
also for mass media, which is going to make information programmes. The SIF hopes that
such information campaigns will help to de-politicise the problems of education and
promote tolerance in society. Besides, in the framework of Phare programme, SIF has
allocated EUR 1,280,000 for 31 project in the field of ethnic integration, mainly for
the promotion of political participation and naturalisation ("Diena" ("The Day"),
November 28).
One year of the Minister for Social Integration
One year passed since the office of the Minister for Special Assignments for Society
Integration Affairs was established in Latvia. Minister Nils Muiznieks organised a
press conference on November 21. He stated that indifference of the governing is one
of the obstacles for integration in Latvia. "Some want to settle social problems
using integration and foster naturalization, others see strengthening of the role of the
Latvian language in it. We think that integration is a complex phenomenon", the Minister
told. Though this year was politically difficult, the Minister had projects to be proud
of. His office worked with some hundred ethnic minority organisations. Two projects are
seen as especially successful: "Latvia begins with us" realised with the Union of Local
Governments for border regions of Latvia and a number of reports on the role of mass
media in integration of Latvia. Naturalisation is the problem where ministry wants to
be engaged. Besides, the Minister is going to create an information centre for
minority NGOs, where a library and consultation on the EU funds would be available free
of charge ("Chas" ("The Hour"), November 22).
The debates on non-citizens enflame after the referendum on the EU
After the referendum on the EU accession, the issue of non-citizens' political
participation gained on importance. Thus, the Latvian-language daily "Diena" ("The Day")
has published an article named "Euro-repair for the Russian communities" written by
journalist Anna Stroy ("Diena", October 31). The article is devoted to the exclusion
of non-citizens from political participation. The author mentions that some years ago
one influential Latvian journalist had admitted privately that "We (ethnic Latvians - ed.)
were forced to exclude Russian-speakers from politics, for they would never vote for
NATO or the EU. As soon as these goals are achieved we can become more liberal." Ms
Stroy states that Europe perceives the Russian-speaking population of Latvia as a
valuable resource. Often they are well-educated people who could contribute to
establishing good relationship between EU and Russia. According to her, "These are not
Russian-speakers who would cause problems in the enlarged EU. It's their non-citizens'
status". Ms Stroy also quotes former Head of the OSCE mission to Latvia Peter Semneby
who stated, "The EU will have to think about the non-citizens of Latvia and Estonia. At
the moment we await the results of the naturalization process."
"It is clear that the party which will allow non-citizens to vote, will automatically
gain more votes from the Russian-speaking citizens in any elections", states another
journalist Danuta Dembovska. "These voters are vulnerable and easy to get especially
now, when the relative monopoly of HRUL (pro-minority political union "For Human Rights
in the United Latvia") has been destroyed. Yet, none of the parties traditionally
working with the Latvian electorate has managed to offer anything to the Russians-speakers".
Ms Dembovska argues that the participation of non-citizens in politics will most likely
change the political arena of Latvia. That's why the parties working with the Latvian
electorate are still so cautious.
Our commentary
"Minority issues in Latvia" attempted to draw more attention to the problem of
non-citizens in Latvia for several years. We are glad that this issue is now coming
into agenda of the Latvian-language press. However, it must be mentioned that all the
journalists quoted above are mainly working in the Russian-language press.
Compiled by:
Tatyana Bogushevitch
Yuri Dubrovsky
Alyona Babitch
Alexander Kiselyov
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